Court of Criminal Appeals of Texas, 1937

Ballew v. State

Ballew v. State
Court of Criminal Appeals of Texas · Decided June 2, 1937 · Morrow
106 S.W.2d 284; 132 Tex. Crim. 534; 1937 Tex. Crim. App. LEXIS 318 (South Western Reporter, Second Series)

Ballew v. State

Opinion of the Court

MORROW, Presiding Judge.

— The conviction is for the unlawful sale of intoxicating liquor; penalty assessed at a fine of $100.00.

The count of the information under which the conviction was obtained is insufficient in failing to allege the steps by which the sale of liquor was prohibited; namely, that an election was held in the county and that the result thereof was such as to prohibit the act complained of. See Whitmire v. State, 94 S. W. (2d) 742; Kelly v. State, 98 S. W. (2d) 998; Privitt v. State, 98 S. W. (2d) 204; Hardin v. State, 101 S. W. (2d) 264.

For the reason stated, the judgment is reversed and the prosecution ordered dismissed.

Reversed and prosecution ordered dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.